Porter Tripped and Fell on Warped Plywood

December 1, 2001

LVT Number: 15429

A porter sued landlord for negligence after he tripped and fell on warped plywood covering newly cemented steps being installed by landlord's contractor. After pretrial questioning, landlord asked the court to dismiss the case without a trial. Landlord claimed that the condition was open and obvious and that it wasn't responsible for the injury. The court ruled against landlord. Landlord appealed and lost. There were questions of fact about the site of the injury and what the porter was doing at the time, so it required a trial.

A porter sued landlord for negligence after he tripped and fell on warped plywood covering newly cemented steps being installed by landlord's contractor. After pretrial questioning, landlord asked the court to dismiss the case without a trial. Landlord claimed that the condition was open and obvious and that it wasn't responsible for the injury. The court ruled against landlord. Landlord appealed and lost. There were questions of fact about the site of the injury and what the porter was doing at the time, so it required a trial.

Orellana v. Merola Assocs.: NYLJ, 11/1/01, p.19, col. 2 (App. Div.1 Dept.; Nardelli, JP, Andrias, Lerner, Saxe, Marlow, JJ)

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